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Terms and conditions of use

The cleverheads platform at https://demo.cleverheads.eu/ is operated by index Internet und Mediaforschung GmbH for: index Internet und Mediaforschung GmbH

Preamble

index Internet und Mediaforschung GmbH [hereinafter referred to as: cleverheads] shall make the cleverheads Platform available on the internet, thereby providing the participating companies with an opportunity to recruit personnel in a modern fashion (recommendation recruitment) under the following terms and conditions. The index Internet und Mediaforschung GmbH has concluded a framework agreement with index Internet und Mediaforschung GmbH in which the design, use and basic conditions of the Platform are regulated.

1. Company account

Companies can create a paid company account and use all of the functions of cleverheads. Use of the company account requires verification and confirmation by index Internet und Mediaforschung GmbH. The service provided by cleverheads shall be accepted upon registration of an account under the terms and conditions of this Licence Agreement and activation of such for use. cleverheads objects to the inclusion of Terms and Conditions of Business of the respective company that contradict or deviate from the terms and conditions of this Licence Agreement.

2. Registration and data privacy policy

1. Registration shall be carried out on the website of the cleverheads Platform. Only persons authorised by the company to do so [person registering the account] may register and open a company account. During the registration process, all mandatory details are to be stated in full and these details plus all voluntary details are to be stated accurately. Changes made at a later stage must be effected immediately in the login area or by contacting customer services.

2. The person registering the account can create any number of Users for the account. The person registering the account must ensure that the data protection interests of the Users created for the account are safeguarded and, in particular, that requests for information and the deletion of data are complied with. The respective account or User access shall be not transferable to third parties. The Platform may only be used for in-house purposes.

3. The person registering the account and the Users must keep their login details secret. If the User suspects that third parties have become aware of or are abusing the login details, the person registering the account or the respective User must immediately inform cleverheads of this and change the login details. Sufficiently secure passwords must be chosen.

4. The index Internet und Mediaforschung GmbH, its employees and agents work in accordance with the provisions of the German Data Protection Act [BDSG] and have obligated themselves pursuant to Section 5 BDSG. Using the functions of cleverheads, Users (applicants, companies and educational partners) can read the personal data of the other Users and process it for the purposes of applications, and for selecting and recommending applicants. The cleverheads Data Privacy Policy must be accepted upon registration and will be an integral part of this Licence Agreement.

5. The index Internet und Mediaforschung GmbH shall be unable to verify the information entered by the Users (companies, educational partners and applicants) during the registration process, or can only do so to a limited extent, as authentication is only possible under limited circumstances using the allocated e-mail address. Therefore, it cannot be ruled out that incorrect contact information has been entered for a User account.

3. Prices

1. cleverheads charges an annual flat rate, indicated during the account registration process, for the use of cleverheads by companies seeking personnel (company accounts). The remuneration shall be payable when the account is activated. This Licence Agreement shall be effective for at least one year (365 days). The annual flat rate shall be payable at the beginning of each year.

2. The index Internet und Mediaforschung GmbH shall send a paper or electronic invoice.

4. Premiums

1. A one-off recruiting fee as per the current price list or according to the pricing information available prior to accessing the applicant’s profile shall be due after the contract is signed by both the recruiting company and the applicant for the placement of an applicant via cleverheads.

2. The recruiting company shall be obligated to notify the index Internet und Mediaforschung GmbH of the conclusion of the contract within three working days of the signing of said contract with the applicant. Such notification is to be provided on the cleverheads Platform. This is possible either directly in the applicant profile or by means of a form that can be accessed via the menu after logging in. Here, the recruiting company enters the applicant’s annual gross salary, which generally forms the basis for the calculation of the fee and the premium.

3. The index Internet und Mediaforschung GmbH shall issue the recruiting company an invoice for the recruiting fee. The recruiting fee shall be due for payment within ten banking days of the date of invoice.

4. Once the recruiting fee has been credited to cleverheads’s account, cleverheads issues a credit note to the company recommending the applicant, amounting to the premium stipulated in the applicant profile. This premium shall be payable within fourteen banking days of receipt of the recruiting fee.

5. Scope of services and availability

1. The index Internet und Mediaforschung GmbH shall reserve the right to alter, remove or enhance cleverheads functions without restricting or deactivating the major functions. Minor restrictions to the agreed performance are, for example, the discontinuation of functions that were previously used by less than 10% of Users over a period of at least three months. Alterations due to mandatory legal or official requirements after the individual Licence Agreement has been concluded shall not give rise to any restrictions to the agreed performance.

2. The functions of cleverheads are available to the Users on the internet, subject to technical availability. cleverheads shall endeavour to make the Platform available to the Users free of interruptions, disruptions or loss of data and to inform the Users of any interruptions or limited functionality in good time. Use of cleverheads may be limited or temporarily interrupted as a result of operationally essential maintenance work, development work, security and capacity requirements and/or disruptions over which cleverheads has no influence (e.g. communication network disruptions, power cuts etc.). As a rule, planned maintenance work shall be carried out during periods of low user traffic and the User shall be informed in advance of the duration and extent of the work via the e-mail address provided during the registration process. Under certain circumstances, disruptions can result in the loss of data from user profiles. The User shall be responsible for backing up its data. Any Users suffering a loss of data shall not be entitled to claim compensation.

3. A current-generation internet browser shall be required to access the application.

4. Should the companies have any support or service queries, cleverheads can be contacted via an online form or by phone from Monday to Friday, 10 am - 4 pm.

6. Term and termination

1. The Agreement shall become effective upon activation of the company account upon said activation being requested by the company. The term of this Agreement is indefinite and it can be duly terminated by either party with a notice period of four weeks to the end of the respective contractual year. This does not affect the parties’ right to terminate this Agreement for cause.

2. Notice of termination must be made in writing, whereby initial receipt by fax or De-Mail shall be deemed to be within the time limit, provided that the original or the electronically signed file is received soon afterwards. The notice of termination is to be addressed to cleverheads.

3. Once termination becomes effective, access to the applicants shall be blocked in accordance with standard practice. If the account is to be deleted in its entirety, the company must inform cleverheads of this accordingly. If the account is to be deleted before termination becomes effective, the company must request cleverheads to do so separately.

7. Terms of use

Duties of the Users

1. Each User shall be responsible for the content of the data stored on the Platform by the respective User.

2. Each User shall be obligated to treat e-mails and other information from other Users as confidential and not to render it accessible to third parties without the consent of its owner.

3. Profiles may not be created for third parties.

4. The User shall not be permitted to use the data of other Users for the purposes of commercial advertising.

5. The User may not deliberately use any mechanisms, software or other scripts in connection with its use of the Platform unless these are supplied by cleverheads itself.

6. The User shall indemnify cleverheads against all disadvantages suffered as a result of being sued by other Users or third parties due to violations of their rights or other legal violations of the User. This indemnification shall also include the necessary costs of legal defence. Additionally, in the event of claims asserted by other Users or third parties, the User shall be obligated to immediately provide cleverheads with all information of significance to the verification of claims and its potential legal defence.

7. It is not permitted to send contacts messages to the Users when accessing the databases if legally dubious content is being sent, if sending the messages is immoral or if tolerating the act is unreasonable for cleverheads for other reasons.

8. Use of the Platform for any purpose other than searching for employment in actually available vacant positions in companies seeking personnel, in particular for the purpose of commissionable placement of candidates outside of the services provided by cleverheads, is not allowed without prior consent.

9. The User assures that it shall comply with all provisions of data and identity protection laws.

Breaches of the Terms and Conditions of Use

1. cleverheads shall be entitled to implement measures against a User if concrete evidence or reasonable grounds for suspicion indicate that the User has breached or is in breach of these Terms and Conditions of Use and/or applicable law when using the Platform.

2. cleverheads shall inform the User if cleverheads becomes aware of such evidence, e.g. as a result of complaints from third parties or other Users. In doing so, cleverheads can set the User a deadline in which to respond that is deemed reasonable in each individual case.

3. The following measures can be implemented by cleverheads if the circumstances described in paragraph 1 exist: - issuance of a written warning to the User with the request that the User immediately refrain from committing the breach,
- blocking or removal of individual job advertisements or applications of the User on the Platform,
- temporary blocking of the User account,
- permanent blocking of the User account.

4. A User whose account has been permanently blocked shall not be permitted to create another user account for the Platform.

5. If the recruiting company failed reporting a recruitment (according to 4.2) within 4 weeks after appointing so will incur a penalty from that date onwards. The penalty is 10% of the original referral bonus per week or part thereof, without reporting – but in total no more than 3 times the referral bonus. The penalty fee is plus a reminder fee and subject to claims for compensation.
The index Internet und Mediaforschung GmbH reserves the right to exclude the company of all of it’s platforms in the future and for an indefinite period.

6. These provisions shall not affect any additional claims of cleverheads.

Copyright

1. Use of the Platform does not include any transfer of property rights, licences or other rights to the Platform. The rights to labels, titles, trademarks, copyrights and other industrial property rights remain fully with index Internet und Mediaforschung GmbH.

2. The User shall bear sole responsibility, under press law, competition law and otherwise, for its uploaded documents and content. The User must ensure that it has all necessary rights of use in order to publish the documents and data on the internet (copyrights, ancillary copyrights and other rights).

3. By providing his content in the profile, the user grants index Internet und Mediaforschung GmbH the right to use this content in all types of use that are in connection with the publication on cleverheads and to use and display this data as reference and testimonial on the platforms. This includes the presentation of the company logo, which the company can upload optionally.

Amendments to the Terms and Conditions of Use

1. The index Internet und Mediaforschung GmbH shall be entitled to amend these Terms and Conditions of Use at any time and without providing a reason. cleverheads shall inform the Users by e-mail up to four weeks at the latest before the amended Terms and Conditions of Use come into effect.

2. If the User does not object to these changes within four weeks, the amended Terms and Conditions of Use shall be deemed to have been accepted by the respective User. cleverheads shall remind Users of the significance of this four-week deadline in the e-mail containing the amended terms and conditions.

3. If the User rejects the amended terms and conditions, the contractual relationship shall end on the next possible date of termination without requiring termination by cleverheads or the User. If cleverheads is obligated to amend the Terms and Conditions of Use on the basis of a judgement, decision or order, there shall be no possibility for the User to object to said amendments.

8. Liability

cleverheads shall be fully liable if the damage is caused due to intent or gross negligence. Furthermore, cleverheads shall be liable for the slightly negligent breach of material duties, the breach of which jeopardises achieving the purpose of the Agreement, or for the breach of duties which must first be fulfilled in order for the Agreement to be duly executed and on the fulfilment of which the company or educational partner can normally rely. However, in this case cleverheads shall only be liable for the typical damage foreseeable for this type of Agreement. cleverheads shall not be liable for the slightly negligent breach of any duties other than those described above. These limitations of liability shall not apply to injury to life, limb or health. Insofar as the liability of cleverheads is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

9. Place of jurisdiction and applicable law

The place of jurisdiction for all disputes arising from and in connection with this Agreement is Berlin. This Agreement shall be subject to German law.

10. Severability Clause

If any provision of these Terms and Conditions of Use should be or become ineffective or void, this shall not affect the remaining provisions. The ineffective or void provision shall be deemed replaced by a legally effective provision best approximating the sense and purpose of the ineffective or void provision and taking the mutual interests of the parties into consideration. The same shall apply to any gaps or loopholes.

03/2017 Berlin

index Internet und Mediaforschung GmbH
Zinnowitzer Straße 1
10115 Berlin
Tel.: +49-(0)30-390 88 0
Fax.: +49-(0)30-390 88 355
E-Mail: index-software@index.de
Web: www.cleverheads.eu

§ 1 Applicability of the Terms and Conditions of Use

1. These Terms and Conditions of Use shall apply to all services involved in the provision of the online platform for the personnel search and application process by index Internet und Mediaforschung GmbH (hereinafter referred to as the Provider or cleverheads) at https://demo.cleverheads.eu/ (hereinafter referred to as Platform) (cleverheads Berlin)
2. We hereby object to the inclusion of any terms and conditions of use of the respective User that conflict with or deviate from these. Such terms and conditions shall only become an integral part of the Agreement if the Provider consents to their applicability in writing.

§ 2 Registration and User account

1. Use of the Platform requires the User, as an applicant or educational partner, to register as a company seeking personnel or a company recommending personnel by acknowledging these terms and conditions of use or upon concluding a licence agreement.
2. The User must provide all information requested during the registration process in full, provided this information is marked as mandatory. Entering information in the other boxes is voluntary but prudent in terms of profile completion. All information must be truthful.
3. If the information entered should change after registration, the User shall be obligated to correct said information accordingly in its user account.
4. The User shall be registered as an educational partner after authorisation by cleverheads and/or cleverheads Berlin; this is regulated in Section 8.
5. Users can register as an applicant after receiving a temporary invitation from a User recommending personnel.
6. The User shall not be permitted to disclose the access data assigned to or chosen by it to any third parties. The User must keep this access data secret. If a third party should become aware of the access data or if the User suspects that this is the case, the User must immediately inform the Provider of suspected unauthorised use in order that the Provider can recreate the user account.
7. The user account provided by the Provider to the respective User may not be transferred to third parties.
8. The Provider can only verify the information entered by the Users during the registration process on a limited basis as individuals can only be identified on the Internet under limited circumstances. Therefore, it cannot be ruled out that incorrect contact information has been entered for a User account.

§ 3 Availability of the Platform

1. The Provider shall reserve the right to change, deactivate or expand the functions of the cleverheads Platform, either fully or in part. This shall not affect any guarantees issued, any tangible contractual quality agreements or any agreed contractual obligations in individual cases.
2. The functions of the Platform are available to the Users on the internet, subject to technical availability. The Provider shall endeavour to provide the Users with the Platform free from interruptions, disruptions or loss of data and to punctually inform the Users of any interruptions or limited functionality. Use of the Platform may be limited or temporarily interrupted as a result of operationally essential maintenance work, development work, security and capacity requirements and/or disruptions over which the Provider has no influence (e.g. communication network disruptions, power cuts etc.).
3. As a rule, planned maintenance work shall be carried out during periods of low user traffic and the User shall be informed in advance of the duration and extent of the work via the e-mail address provided during the registration process.
4. Under certain circumstances, disruptions can result in the loss of data from user profiles. The User shall be responsible for backing up its data. No claims for compensation shall arise from the restoration of the data re-entered by the User from its backup as a result of data loss.

§ 4 Duties of the Users

1. Each User shall be responsible for the content of the data stored on the platform by the respective User.
2. Each User shall be obligated to treat e-mails and other information from other Users as confidential and not to render it accessible to third parties without the consent of its owner.
3. Profiles may not be created for third parties.
4. The User shall not be permitted to use the data of other Users for the purposes of commercial advertising.
5. The User may not deliberately use any mechanisms, software or other scripts in connection with its use of the Platform unless these are supplied by the Provider itself.
6. The Users shall indemnify the Provider against all disadvantages suffered as a result of being sued by other Users or third parties due to violations of their rights or other legal violations of the User. This indemnification shall also include the necessary costs of legal defence. Additionally, in the event of claims asserted by other Users or third parties, the User shall be obligated to immediately provide the Provider with all information of significance to the verification of claims and its potential legal defence.
7. It is not permitted to send messages to the Users when accessing the databases if legally dubious content is being sent, if sending the messages is immoral or if tolerating the act is unreasonable for the Provider for other reasons.
8. Use of the Platform for any purpose other than searching for employment in actually available vacant positions in companies seeking personnel, in particular for the purpose of commissionable placement of candidates outside of the services provided by cleverheads, is not allowed without prior consent.
9. The User assures that it shall comply with all provisions of data and identity protection laws.

§ 5 Breaches of the Terms and Conditions of Use

1. cleverheads shall be entitled to implement measures against a User if concrete evidence or reasonable grounds for suspicion indicate that the User has breached or is in breach of these Terms and Conditions of Use and/or applicable law when using the Platform.
2. cleverheads shall inform the User if cleverheads becomes aware of such evidence, e.g. as a result of complaints from third parties or other Users. In doing so, cleverheads can set the User a deadline in which to respond that is deemed reasonable in each individual case.
3. The following measures can be implemented by cleverheads if the circumstances described in paragraph 1 exist:
• issuance of a written warning to the User with the request that the User immediately refrain from committing the breach,
• blocking or removal of individual job advertisements or applications of the User on the platform,
• temporary blocking of the user account,
• permanent blocking of the user account.
4. A User whose account has been permanently blocked shall not be permitted to create another user account for the Platform.
5. These provisions shall not affect any additional claims of cleverheads.

§ 6 Copyright

1. Use of the Platform does not include any transfer of property rights, licences or other rights to the Platform. The rights to labels, titles, trademarks, copyrights and other industrial property rights remain fully with index Internet und Mediaforschung GmbH.
2. The User shall bear sole responsibility, under press law, competition law and otherwise, for its uploaded documents and content. The User must ensure that it has all necessary rights of use in order to publish the documents and data on the internet (copyrights, ancillary copyrights and other rights).
3. By providing his content in the profile, the user grants index Internet und Mediaforschung GmbH the right to use this content in all types of use that are in connection with the publication on cleverheads and to use and display this data as reference and testimonial on the platforms. This includes the presentation of the company logo, which the company can upload optionally.

§ 7 Amendments to the Terms and Conditions of Use

1. cleverheads shall be entitled to amend these Terms and Conditions of Use at any time and without providing a reason. The Provider shall inform Users by e-mail up to four weeks at the latest before the amended Terms and Conditions of Use come into effect.
2. If the User does not object to these changes within four weeks, the amended Terms and Conditions of Use shall be deemed to have been accepted by the respective User. The Provider shall remind Users of the significance of this four-week deadline in the e-mail containing the amended terms and conditions.
3. If the User rejects the amended terms and conditions, the contractual relationship shall end on the next possible date of termination without requiring termination by the Provider or the User. If the Provider is obligated to amend the Terms and Conditions of Use on the basis of a judgement, decision or order, there shall be no possibility for the User to object to said amendments.

§ 8 Special terms and conditions for Users recommending personnel (educational partners)

1. Registration is free for Users recommending personnel (educational partners).
2. A User can register by concluding a Licence Agreement online and acknowledging these Terms and Conditions of Use and the cleverheads data protection provisions. Users shall have no entitlement to the conclusion of a Licence Agreement. The consent of the cleverheads coordinator (cleverheads Berlin) shall be a prerequisite for the conclusion of a Licence Agreement. Users recommending personnel shall not gain access to the data of the applicants.
3. Insofar as the User recommending personnel is a natural person, access to the Platform shall only be permitted for either that person or another natural person to be designated by the User recommending personnel. The Platform may only be used for internal purposes.
4. For the placement of an applicant via cleverheads, premiums can be paid to the User recommending personnel. If a one-off recruiting fee as per the current price list or according to the pricing information available prior to accessing the applicant’s profile is due after the contract is signed by both the recruiting company and the applicant, the recruiting company is obligated to notify cleverheads of the conclusion of the contract within three working days of the signing of said contract with the applicant and to state the applicant’s annual gross salary, which generally forms the basis for the calculation of the fee and the premium. Once the recruiting fee has been credited to cleverheads’s account, cleverheads issues a credit note in favour of the educational partner recommending the applicant for the amount of the premium stipulated in the applicant profile. This premium shall be payable within fourteen banking days of receipt of the recruiting fee.

§ 9 Special terms and conditions for applicants

1. Applicants shall have free access to the Platform in order to upload their application documents.
2. Applicants shall be requested at regular intervals (approx. three weeks) to confirm that their profile is to be kept active. If an applicant should fail to provide this confirmation, the applicant’s profile shall be deactivated after a further three weeks and the applicant will be requested to delete it.
3. Recommendation e-mails sent by Users seeking personnel to an applicant contain a personalised link which the applicant can use to create an account on a designated cleverheads Platform. The applicant shall decide whether or not to upload and release his/her application data. If an applicant receives multiple recommendation e-mails, he/she may not create multiple profiles. If the applicant has multiple professional goals, these can be noted in the applicant’s profile.
4. For security reasons, the password may not match the login name and, if necessary, it can be changed by the User at a later date. The chosen password should not consist of any words of significance, written either forwards or backwards, nor should it consist of a sequence of consecutive numbers (e.g. "2345678") or letters (e.g.‘ABCDEFG’) or convenient key combinations; it should, in fact, be a combination of numbers and letters in upper and lower case and special characters and should be of appropriate length. The User must keep the password secret and change it from time to time.
5. Recommendation e-mails shall become invalid after ten days if they do not elicit a response.

§ 10 Severability clause

If any provision of these terms and conditions of use should be or become ineffective or void, this shall not affect the remaining provisions. The ineffective or void provision shall be deemed replaced by a legally effective provision best approximating the sense and purpose of the ineffective or void provision and taking the mutual interests of the parties into consideration. The same shall apply to any gaps or loopholes.

§ 11 Applicable law and place of jurisdiction

Berlin is agreed as the place of jurisdiction for all disputes arising from this contractual relationship insofar as the User is an entrepreneur in the sense of the German commercial code (HGB), a corporate body under public law or a special fund under public law. In terms of all legal relationships arising from this Agreement, the parties agree the applicability of the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the User is a consumer, the law of the Federal Republic of Germany shall apply unless mandatory legal regulations, in particular consumer protection regulations, applicable in the country in which the User has his/her habitual place of residence, conflict with the terms of such.

03/2017 Berlin

index Internet und Mediaforschung GmbH
Zinnowitzer Straße 1
10115 Berlin
Tel.: +49-(0)30-390 88 0
Fax.: +49-(0)30-390 88 355
E-Mail: index-software@index.de
Web: www.cleverheads.eu

Please address any questions, suggestions or complaints in writing to:

index Internet und Mediaforschung GmbH
Geschäftsführung
Jürgen Grenz
Zinnowitzer Straße 1
10115 Berlin
Tel.: +49-(0)30-390 88 0
Fax.: +49-(0)30-390 88 355
E-Mail: index-software@index.de
Web: www.cleverheads.eu